McConnell and Another, Regina (on The Application of) v The Registrar General for England and Wales: CA 29 Apr 2020

Whether the First Appellant, Alfred McConnell (whose name was at one time anonymised to TT), a transgender man and holder of a gender recognition certificate, is entitled to be registered as the ‘father’, or otherwise ‘parent’ or ‘gestational parent’, on the birth certificate of his son, YY, to whom he gave birth. YY is the Second Appellant. An anonymity order remains in place in relation to YY.
The Court said: ‘The third fundamental feature of the case is that there is no decision of the Strasbourg court which suggests the interpretation advanced by the appellants. The approach which the courts take under the HRA is in general to keep pace with the jurisprudence of the Strasbourg court but not to go beyond it: see R (Ullah) v Special Adjudicator [2004] 2 AC 323, para 20 (Lord Bingham of Cornhill) and R (Al-Skeini) v Secretary of State for Defence (The Redress Trust intervening) [2008] AC 153, paras 105-106 (Lord Brown of Eaton-under-Heywood).’
The Lord Burnett of Maldon CJ, Lady Justice King and Lord Justice Singh
[2020] EWCA Civ 559, [2020] WLR(D) 254, [2020] 2 FLR 366, [2020] HRLR 13, [2021] Fam 77, [2020] 3 FCR 387, (2020) 173 BMLR 1, [2020] 3 WLR 683, [2020] 2 All ER 813
Bailii, WLRD
Gender Recognition Act 2004 12, European Convention on Human Rights 8
England and Wales
Cited by:
CitedCrowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care Admn 23-Sep-2021
Foetus has no Established Human Rights
The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 September 2021; Ref: scu.650493